Basic Elements Sample Clauses

Basic Elements. ‌ The 2012 REP Settlement5, if adopted by BPA, would end the uncertainty and risk arising from the seemingly endless litigation over the REP by providing closure to BPA’s past payments of refunds to the COUs and REP benefits to the IOUs while also resolving, for a term of 27 years, challenges over BPA’s implementation of the REP. The Settlement achieves these ends by presenting an alternative to BPA’s prior attempts at resolving the issues pertaining to the Court’s decisions in PGE and Golden NW. This alternative, embodied in the terms of the Settlement, would replace BPA’s decisions in the WP-07 Supplemental ROD and WP-10 ROD, which have been hotly contested by all parties, with the agreed-upon value established by the Settlement and signed by all of the region’s IOUs, three public utility commissions, and 88 percent of BPA’s COU customers (by load). In presenting this alternative approach, the Settlement is not intended to answer all of the knotty legal and factual questions regarding the section 7(b)(2) rate test and BPA’s Lookback construct that have plagued BPA’s rate proceedings. The REP litigation involves all manner of claims, from alleged violations of statutory provisions (such as sections 7(b)(2) and 5(c) of the Northwest Power Act), to breaches of contract (such as the “Invalidity Clause” in the 2000 REP Settlements). In view of the diverse nature of these numerous claims, the settling COUs, IOUs, state commissions, and others have crafted the Settlement such that its focus is on reaching a reasonable resolution of the myriad conflicts in an equitable and timely manner without addressing individual claims, while also retaining the essential elements of the REP to ensure that the Settlement follows the key statutory requirements set forth in the Northwest Power Act. The Settlement spans 104 pages and includes many complicated formulas and terms. However, at its core, the Settlement is comprised of five essential parts: (1) a schedule of REP benefits to be paid to the IOUs as a class over the term of the Settlement (17 years), which will be allocated among the IOUs every two years in accordance with section 5(c) of the Northwest Power Act;
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Basic Elements. 3 The proposed 2012 REP Settlement would resolve challenges over BPA’s implementation of the 4 REP in return for a stream of REP benefits to the IOUs for a term of 17 years. IOU-specific 5 Lookback obligations would be extinguished. The COUs’ obligation to pay REP benefits in 6 rates would be limited to the COUs’ share of the stream of REP benefits as set forth in the 8 respective ASC and exchange load. The IOUs would continue to file ASCs with BPA pursuant 9 to the 2008 ASCM. 10 11 In addition to the stream of REP benefits, the IOUs would receive (i) a percentage of any 12 incremental BPA Renewable Energy Credits (RECs) that might accrue to BPA resources used to 13 serve BPA Tier 1 loads and (ii) the payment of certain outstanding interim payments due under 14 the 2008 Residential Exchange Interim Relief and Standstill Agreements between BPA and four 15 of the IOUs. 16 17 The Agreement provides for Refund Amounts to COUs through FY 2019 to allocate the benefits 18 of the Settlement among COUs that paid BPA’s rates during FY 2002 through FY 2006 and 19 those that did not. It also requires parties to the Settlement to work together, directly or through 20 associations, to urge the U.S. Congress to pass legislation that would affirm and direct BPA to 21 implement the settlement. 22
Basic Elements. 1. The OCT-EC association shall be based on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. These principles, on which the Union is founded in accordance with Article 6 of the Treaty on European Union, shall be common to the Member States and the OCTs linked to them.

Related to Basic Elements

  • Subloop Elements 2.8.1 Where facilities permit, BellSouth shall offer access to its Unbundled Subloop (USL) elements as specified herein.

  • Sub-loop Elements 2.8.1 Where facilities permit, BellSouth shall offer access to its Unbundled Sub-Loop (USL) elements as specified herein.

  • Key Elements ❑ A mentorship relationship includes the nurse doing the mentoring to: ❑ plan the mentorship experience based on the learning needs of the nurse being mentored, including the identification and co-ordination of learning opportunities with other health care providers; ❑ assess the ongoing competence/development of competencies of the nurse being mentored, including assessments of competence gaps, risk management in relation to patient care, and co-ordination of learning experiences; ❑ assist the nurse being mentored to effectively meet patient care needs; ❑ be responsible for the management of learning for the nurse being mentored; ❑ participate in direct skill transfer where there is responsibility for the management of learning for the nurse being mentored; ❑ evaluate the learning experience of the nurse being mentored throughout the duration of the mentorship relationship, including the provision of written and/or verbal reports to management regarding progress towards goal achievement. ❑ It is recognized that the mentor and the nurse being mentored may not be together at all times during the mentorship period. ❑ The Hospital will pay the nurse for doing this assigned responsibility [mentoring] a premium of sixty (60) cents per hour, in addition to her or his regular salary and applicable premium allowance. ❑ The Hospital will review the workload of the mentor and the nurse being mentored to facilitate successful completion of the mentorship assignment.

  • Design Elements The School shall implement and maintain the following essential design elements of its educational program:

  • Neutral Elements In order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

  • AMENITIES Amenities shall be prescribed as provided in Appendix F of this Agreement.

  • Elements Defines the individual components under each indicator

  • Utilities; Amenities The following utilities are included in the Total Rent set forth in this Agreement: Internet access and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of contracted residents in possession for the applicable period) for the apartment's usage of electricity and water, applied pro-rata to any partial billing cycle. Resident will be responsible for his or her pro-rata share of electricity and water charges during the term of this Agreement, regardless of actual date of move-in or move-out. No refund or credit will be provided for usage below any applicable allowance levels. In connection with the administration of utility billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first utility bill, at Owner's discretion), a single up-front billing service fee of up to $72.00 (or alternately, at Owner's option, a service fee of up to $6.00 per monthly bill) for administration, billing, overhead and similar expenses and charges incurred by Owner for providing utility allocations and billing services. Upon Resident's request, Owner will provide copies of applicable utility bills. At Owner's option, to the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity and/or water bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity and/or water charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each utility bill, Resident may be charged and agrees to pay promptly to Owner any other miscellaneous charges billed by the utility provider and payable by the customer of record, plus late payment fees and/or NSF fees, as may be applicable, in the amounts stated in paragraph 2 of this Agreement, as liquidated estimates of costs incurred in connection with the administration and collection of late payment. Owner may elect to use one or more third-party service providers for providing, billing and/or servicing utility accounts; Resident acknowledges that such third-party providers are not utility providers. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident's privacy during operation of utilities, that such utilities will satisfy Resident's requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident's use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner's and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident's occupancy will be charged to Resident (and the other resident(s) in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner's discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident's sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE

  • Verizon’s Provision of Network Elements Subject to the conditions set forth in Section 1, in accordance with, but only to the extent required by, Applicable Law, Verizon shall provide PCS access to the following:

  • Required Elements Section 6 includes a checklist of the required elements. This section contains details about the items that are required in all reports (unless noted as optional). Items should appear and be paginated in the following sequence: • Title page (no page number): o Include title of report, draft or final, prepared for NYSERDA, NYSERDA Project Manager (name and title), prepared by name of organization, individuals and affiliation, report number (NYSERDA will provide during editing), contract number and date report submitted. • Notice (small Roman numerals for page numbers i.e., ii): o Option 1—When NYSERDA is the project’s sole sponsor, this notice must be used: Notice This report was prepared by [Insert Preparer's Name] in the course of performing work contracted for and sponsored by the New York State Energy Research and Development Authority (hereafter “NYSERDA”). The opinions expressed in this report do not necessarily reflect those of NYSERDA or the State of New York, and reference to any specific product, service, process, or method does not constitute an implied or expressed recommendation or endorsement of it. Further, NYSERDA, the State of New York, and the contractor make no warranties or representations, expressed or implied, as to the fitness for particular purpose or merchantability of any product, apparatus, or service, or the usefulness, completeness, or accuracy of any processes, methods, or other information contained, described, disclosed, or referred to in this report. NYSERDA, the State of New York, and the contractor make no representation that the use of any product, apparatus, process, method, or other information will not infringe privately owned rights and will assume no liability for any loss, injury, or damage resulting from, or occurring in connection with, the use of information contained, described, disclosed, or referred to in this report. NYSERDA makes every effort to provide accurate information about copyright owners and related matters in the reports we publish. Contractors are responsible for determining and satisfying copyright or other use restrictions regarding the content of reports that they write, in compliance with NYSERDA’s policies and federal law. If you are the copyright owner and believe a NYSERDA report has not properly attributed your work to you or has used it without permission, please email xxxxx@xxxxxxx.xx.xxx. Information contained in this document, such as web page addresses, are current at the time of publication. o Option 2—When there are project co-sponsors in addition to NYSERDA, use the following notice instead:

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